Posts for November 5, 2010

NAM FILES AMICUS BRIEF ON “CARD CHECK” CASES AT THE NLRB

NAM Capital Briefing
On November 1, the NAM filed an amicus brief on behalf of 42 manufacturing organizations with the National Labor Relations Board (NLRB) in response to the Board’s request for advice on a pending case. The case in question will review whether employees should have 45 days after their employer recognizes a union based on card-check authorizations to file a petition to decertify the union or to support an election petition from another union. Our amicus brief argues that this important 45-day window should not be eliminated. The NAM’s brief stresses that individual free choice regarding whether to be represented at all by a third party is a necessary precondition to any collective negotiation and that card-check union certification is far inferior to “card-check” union certification. To access this legal brief and a summary, click here. Details: Keith Smith, (202) 637-3045.

IMMIGRATION UPDATE

NAM Capital Briefing
Before the elections, Senate Majority Leader Reid (D-NV) stated that no matter the result, he would address the DREAM Act in the lame-duck session of Congress. Many, such as Rep. Gutierrez (D-IL), a leader in the immigration reform debate, credit the Latino population for Reid’s re-election success and are now looking for a follow-up to that promise. The DREAM Act, which is a critical part of immigration reform, creates a path to citizenship for minor children who were brought to the United States illegally. Details: Christine Scullion, (202) 637-3133.

EPA DELAYS FINAL OZONE RULE

NAM Capital Briefing
The Environmental Protection Agency (EPA) has announced that it will further delay its final rule establishing more stringent ozone air quality standards. The controversial rule is now expected to be completed by the end of the year. The ozone National Ambient Air Quality Standard (NAAQS) is currently set at 75 parts per billion (ppb), and the EPA has proposed to tighten the standard between 60 ppb and 70 ppb. Manufacturers are extremely concerned that the EPA’s actions will cause significant job losses and severe reductions in GDP. The NAM has urged the EPA to halt its reconsideration of the ozone NAAQS and let the current standard work. Details: Keith McCoy, (202) 637-3175.

OSHA NOT LISTENING TO MANUFACTURERS’ CONCERNS OF RISING REGULATORY COSTS

NAM Capital Briefing
The Occupational Safety and Health Administration (OSHA) issued a notice on October 19 announcing its intention to change its official interpretation of workplace noise exposure standards and enforcement. Currently, OSHA regulates the acceptable levels of noise to which employees are exposed in the workplace. To protect employees against hearing loss, the Agency allows employers to provide personal protective equipment such as earplugs and ear muffs as well as engineering controls like noise dampening equipment and muffling systems to supplement their operating practices. OSHA’s common-sense approach held that it was permissible for employers to adopt these practices when they were effective.

However, OSHA now plans to abandon this practice. In its notice, the Agency announces a goal of requiring employers to implement all “feasible” controls – with “feasible” meaning “capable of being done”– regardless of the costs or effectiveness of currently-used personal protective equipment. Consequently, employers must make sweeping changes to their workplaces, introduce new workplace practices and install new equipment even if effective mechanisms are already in place to protect employees from loud noises.

According to the notice, these changes must be adopted regardless of the costs unless an employer can prove that making such changes will “put them out of business” or threaten the company’s “viability.” Should this policy advance, OSHA will begin enforcing it with citations. Unless employers can prove to OSHA inspection officers that the changes will be economically devastating or are impossible to make, businesses will be forced to implement them, which will be particularly costly and burdensome for small manufacturers.

These new OSHA regulations will force manufacturers to divert additional resources away from job creation, investment and expansion. Contact your member of Congress to voice your opposition to the costly regulations.

For more information, contact NAM Director of Employment and Labor Policy Keith Smith at (202) 637-3045 or ksmith@nam.org.

VOTERS APPROVE AMENDMENT A – SAVE OUR SECRET BALLOT

UMA

The Utah Manufacturers Association joined with many other trade associations to endorse Constitutional Amendment A on the November 2nd ballot. Amendment A received the overwhelming approval of voters on Election Day in Utah. Amendment A, the Save Our
Secret Ballot Amendment, received 60 percent of the vote. The amendment was strongly supported by the UMA and many of its member companies as they educated their employees about how important secret ballots are to business, especially in labor organizing efforts.

More than 120 legislators, candidates and community leaders joined the effort by signing a pledge endorsing Amendment A.

Utah was not alone in this effort to try to negate efforts of a misguided Congress to pass “Card Check” in the lane duck session later this month. South Carolina, South Dakota and Arizona all passed similar Save Our Secret Ballot measures.